Branham v. Loews Orpheum Cinemas, Inc.

in a memorandum as follows: I respectfully dissent. The majority correctly states the holding in Gilson v Metropolitan Opera (5 NY3d 574 [2005]), but errs in concluding that Gilson requires reversal. To the contrary, the holding in Gilson does not control this appeal.

As the majority recognizes, landowners and tenants operating places of public assembly such as movie theaters, owe a duty “to provide members of the public with reasonably safe premises, including safe means of ingress and egress” (citations omitted). Plaintiffs position is that this duty is breached when the aisles of a darkened…